Subject to Section 7150.35, an anatomical gift of a donor‘s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Section 7150.20 by any of the following individuals:

(a) The donor, if the donor is an adult or if the donor is a minor and is either of the following:

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Terms Used In California Health and Safety Code 7150.15

  • Adult: means an individual who is at least 18 years of age. See California Health and Safety Code 7150.10
  • Agent: means an individual who meets either of the following criteria:

    California Health and Safety Code 7150.10

  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See California Health and Safety Code 7150.10
  • Donor: The person who makes a gift.
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See California Health and Safety Code 7150.10
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Minor: means an individual who is under 18 years of age. See California Health and Safety Code 7150.10
  • Parent: means a parent whose parental rights have not been terminated. See California Health and Safety Code 7150.10
  • Part: means an organ, an eye, or tissue of a human being. See California Health and Safety Code 7150.10
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Health and Safety Code 7150.10

(1) An emancipated minor.

(2) Between 15 and 18 years of age, only upon the written consent of a parent or guardian.

(b) An agent of the donor, provided that the power of attorney for health care or other record expressly permits the agent to make an anatomical gift.

(Added by Stats. 2007, Ch. 629, Sec. 2. Effective January 1, 2008.)